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Local Government Regulation 2012
sec.234Exception for LGA arrangement
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### sec.234 Exception for LGA arrangement
A local government may enter into a contract for goods and services without first inviting written quotes or tenders if the contract is entered into under an LGA arrangement.
An LGA arrangement is an arrangement that—
has been entered into by—
LGAQ Ltd.; or
See section 287 of the Act .
a company (the associated company ) registered under the Corporations Act , if LGAQ Ltd. is its only shareholder; and
if LGAQ Ltd. or the associated company were a local government, would be either—
a contract with an independent supplier entered into under section 232 by LGAQ Ltd. or the associated company; or
a contract with an independent supplier entered into under a preferred supplier arrangement under section 233 .
An independent supplier is an entity other than a subsidiary (a relevant subsidiary ) of LGAQ Ltd. or the associated company under the Corporations Act .
Despite subsection (2) (b) , an LGA arrangement may include a contract with a relevant subsidiary from a register of pre-qualified suppliers or a preferred supplier arrangement with a relevant subsidiary if the arrangement is approved by the Minister.
For deciding whether to approve an LGA arrangement under subsection (4) , the Minister—
must have regard to the sound contracting principles; and
may ask LGAQ Ltd. or the associated company to give the Minister information or documents relevant to the arrangement.
information or documents relating to assessment of the relevant subsidiary’s suitability to be on the register of pre-qualified suppliers or the tender process for the preferred supplier arrangement
information or documents relating to the potential impact of the arrangement on local government employees
s 234 amd 2013 SL No. 273 s 25
(sec.234-ssec.1) A local government may enter into a contract for goods and services without first inviting written quotes or tenders if the contract is entered into under an LGA arrangement.
(sec.234-ssec.2) An LGA arrangement is an arrangement that— has been entered into by— LGAQ Ltd.; or See section 287 of the Act . a company (the associated company ) registered under the Corporations Act , if LGAQ Ltd. is its only shareholder; and if LGAQ Ltd. or the associated company were a local government, would be either— a contract with an independent supplier entered into under section 232 by LGAQ Ltd. or the associated company; or a contract with an independent supplier entered into under a preferred supplier arrangement under section 233 .
(sec.234-ssec.3) An independent supplier is an entity other than a subsidiary (a relevant subsidiary ) of LGAQ Ltd. or the associated company under the Corporations Act .
(sec.234-ssec.4) Despite subsection (2) (b) , an LGA arrangement may include a contract with a relevant subsidiary from a register of pre-qualified suppliers or a preferred supplier arrangement with a relevant subsidiary if the arrangement is approved by the Minister.
(sec.234-ssec.5) For deciding whether to approve an LGA arrangement under subsection (4) , the Minister— must have regard to the sound contracting principles; and may ask LGAQ Ltd. or the associated company to give the Minister information or documents relevant to the arrangement. information or documents relating to assessment of the relevant subsidiary’s suitability to be on the register of pre-qualified suppliers or the tender process for the preferred supplier arrangement information or documents relating to the potential impact of the arrangement on local government employees
- (a) has been entered into by— (i) LGAQ Ltd.; or Note— See section 287 of the Act . (ii) a company (the associated company ) registered under the Corporations Act , if LGAQ Ltd. is its only shareholder; and
- (i) LGAQ Ltd.; or Note— See section 287 of the Act .
- (ii) a company (the associated company ) registered under the Corporations Act , if LGAQ Ltd. is its only shareholder; and
- (b) if LGAQ Ltd. or the associated company were a local government, would be either— (i) a contract with an independent supplier entered into under section 232 by LGAQ Ltd. or the associated company; or (ii) a contract with an independent supplier entered into under a preferred supplier arrangement under section 233 .
- (i) a contract with an independent supplier entered into under section 232 by LGAQ Ltd. or the associated company; or
- (ii) a contract with an independent supplier entered into under a preferred supplier arrangement under section 233 .
- (i) LGAQ Ltd.; or Note— See section 287 of the Act .
- (ii) a company (the associated company ) registered under the Corporations Act , if LGAQ Ltd. is its only shareholder; and
- (i) a contract with an independent supplier entered into under section 232 by LGAQ Ltd. or the associated company; or
- (ii) a contract with an independent supplier entered into under a preferred supplier arrangement under section 233 .
- (a) must have regard to the sound contracting principles; and
- (b) may ask LGAQ Ltd. or the associated company to give the Minister information or documents relevant to the arrangement. Examples of relevant information or documents— • information or documents relating to assessment of the relevant subsidiary’s suitability to be on the register of pre-qualified suppliers or the tender process for the preferred supplier arrangement • information or documents relating to the potential impact of the arrangement on local government employees
- • information or documents relating to assessment of the relevant subsidiary’s suitability to be on the register of pre-qualified suppliers or the tender process for the preferred supplier arrangement
- • information or documents relating to the potential impact of the arrangement on local government employees
- • information or documents relating to assessment of the relevant subsidiary’s suitability to be on the register of pre-qualified suppliers or the tender process for the preferred supplier arrangement
- • information or documents relating to the potential impact of the arrangement on local government employees